Madras High Court
Anbu vs . The State, Rep. By The Inspector Of ... on 13 February, 2020
Author: P.Velmurugan
Bench: P.Velmurugan
Anbu Vs. The State, rep. by the Inspector of Police, Krishnagiri Dist. & anr.
Crl.O.P.No.22317 of 2014 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.02.2020 CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.22317 of 2014 and M.P.No.1 of 2014 Anbu, S/o.Natarajan. ...Petitioner
-Vs-
1.State rep. by Inspector of Police, Pochampalli Police Station, Krishnagiri District.
2.Ashok Kumar,
S/o.Govaran. ... Respondents
(Impleaded the 2nd respondent as per order of this Hon'ble Court dated 03.09.2014 in M.P.No.2 of 2014) Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer the case in S.T.C.No.3046 of 2014 pending on the file of the learned District Munsif cum Judicial Magistrate, Pochampalli, Krishnagiri District to the learned Judicial Magistrate No.II, Thiruppathur, Vellore District.
http://www.judis.nic.in Page No.1/6 Anbu Vs. The State, rep. by the Inspector of Police, Krishnagiri Dist. & anr. Crl.O.P.No.22317 of 2014
For Petitioner : Mr.S.Senthilvel
For Respondents : Mr.R.Ravichandran for R1
Government Advocate (Crl.side).
Ms.A.M.Amutha Ganesh for R2.
ORDE R
This petition has been filed by the petitioner/accused to transfer the case in S.T.C.No.3046 of 2014, pending on the file of the learned District Munsif cum Judicial Magistrate, Pochampalli, Krishnagiri District, to the learned Judicial Magistrate No.II, Thiruppathur, Vellore District.
2.The learned counsel for the petitioner would submit that the second respondent/defacto complainant is a practicing Advocate, where the case in S.T.C.No.3046 of 2014 is pending. He further submitted that the defacto complainant is a highly influential person and influences the Magistrate and also threatens the petitioner with dire consequences. The petitioner has made a complaint before the respondent Police in this regard, however the respondent Police refused to register a complaint against the second respondent and also has not taken any action. Therefore, the petitioner has filed the present petition. http://www.judis.nic.in Page No.2/6 Anbu Vs. The State, rep. by the Inspector of Police, Krishnagiri Dist. & anr. Crl.O.P.No.22317 of 2014
3.The learned Government Advocate (Crl.side) appearing for the first respondent Police and the learned counsel for the second respondent/defacto complainant has no objection to transfer the case to any other District.
4.Heard the learned counsels and perused the records.
5.Considering the facts and circumstances of the case, the case in S.T.C.No.3046 of 2014 is hereby withdrawn from the file of the learned District Munsif cum Judicial Magistrate, Pochampalli, Krishnagiri District and transfer the same to the learned Judicial Magistrate No.I, Tiruvannamalai. The learned District Munsif cum Judicial Magistrate, Pochampalli, Krishnagiri District, is hereby directed to transfer the entire papers in S.T.C.No.3046 of 2014 to the learned Judicial Magistrate No.I, Tiruvannamalai, forthwith. The parties are directed to appear before the learned Judicial Magistrate No.I, Tiruvnnamalai on 27.02.2020.
6.Since the case in S.T.C.No.3046 of 2014 is pending from the year 2014 onwards, the learned Judicial Magistrate No.I, Tiruvannamalai, is directed to dispose of the case in accordance with law, within a period of http://www.judis.nic.in Page No.3/6 Anbu Vs. The State, rep. by the Inspector of Police, Krishnagiri Dist. & anr. Crl.O.P.No.22317 of 2014
four months from the date of receipt of the entire papers from the District Munsif cum Judicial Magistrate, Pochampalli, Krishnagiri District.
7.With the above directions, this Criminal Original Petition is disposed of. Connected miscellaneous petition is also closed.
13.02.2020 Issue order copy by 17.02.2020.
Note:Registry is directed to communicate this order to both the learned District Munsif cum Judicial Magistrate, Pochampalli, Krishnagiri District as well as learned Judicial Magistrate No.I, Tiruvannamalai, immediately.
Internet: Yes.
rm http://www.judis.nic.in Page No.4/6 Anbu Vs. The State, rep. by the Inspector of Police, Krishnagiri Dist. & anr. Crl.O.P.No.22317 of 2014
To:
1.The District Munsif cum Judicial Magistrate, Pochampalli, Krishnagiri District.
2.The Judicial Magistrate No.I, Tiruvannamalai.
3. The Public Prosecutor, High Court, Madras.
4.The Inspector of Police, Pochampalli Police Station, Krishnagiri District.
http://www.judis.nic.in Page No.5/6 Anbu Vs. The State, rep. by the Inspector of Police, Krishnagiri Dist. & anr. Crl.O.P.No.22317 of 2014
P.VELMURUGAN, J., rm Crl.O.P.No.22317 of 2014 13.02.2020 http://www.judis.nic.in Page No.6/6